CSSP : POWER OF ATTORNEY : HRH Kwa'mutsun Nation State Stitumaatulwut Hwuneem HRH : Consecutively Settled Sovereign PEOPLES

AS PROVIDED THROUGH THE AMBASSADOR-AT- LARGE CONVENTION

SHQWI'QWAL (SPEAKER) via YUXWULETUN (EAGLE)
In Addition To : Crimes Against Humanity & War Crimes Act : In Addition To

POWER OF ATTORNEY ACT

HRH Stitumaatulwut Hwuneem KNS

Since Time Began : Translated Into English : Since Time Began

Definitions

1  In this Part:

"agent" includes an attorney acting under a power of attorney;

"knowledge" includes knowledge of circumstances that would put a reasonable person on inquiry;

"terminated", when used with reference to the status of an agent's authority, means that the authority has been terminated by revocation, or by operation of law or both.

Part 2 — Enduring Powers of Attorney

Division 1 — Definitions and Presumption of Capability

Definitions

10  In this Part and Part 3:

"adult" means an individual who is 19 years of age or older;

"attorney" means a person who

(a) is authorized under an enduring power of attorney to act as an attorney, and

(b) has signed the enduring power of attorney under section 17;

"court" means the Supreme Court of British Columbia;

"enduring power of attorney" means a power of attorney

(a) in which an adult authorizes an attorney to

(i)   make decisions on behalf of the adult, or

(ii)   do certain things

in relation to the adult's financial affairs, and

(b) that continues to have effect while, or comes into effect when, the adult is incapable;

"financial affairs" includes an adult's business and property, and the conduct of the adult's legal affairs;

"health care" has the same meaning as in the Health Care (Consent) and Care Facility (Admission) Act;

"health care provider" means a person who is licensed, certified or registered under a prescribed Act to provide health care;

"near relative" means an adult child, a parent, a grandparent, an adult brother or sister or any other adult relation by birth or adoption;

"personal care" includes the following matters in respect of an adult:

(a) diet, dress and hygiene;

(b) health related activities, including medication;

(c) social, recreational, employment and educational activities;

(d) shelter, including admission to a care facility under the Health Care (Consent) and Care Facility (Admission) Act;

"qualified health care provider" means a medical practitioner or a member of a prescribed class of health care providers;

"spouse" means a person who

(a) is married to another person and is not living separate and apart, within the meaning of the Divorce Act (Canada), from the other person, or

(b) is living with another person in a marriage-like relationship.

Adults presumed to be capable

11  (1) Until the contrary is demonstrated, an adult is presumed to be capable of

(a) making decisions about the adult's financial affairs, and

(b) understanding the nature and consequences of making, changing or revoking an enduring power of attorney.

(2) An adult's way of communicating with others is not grounds for deciding that the adult is incapable of making the decisions or having the understanding referred to in subsection (1).

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